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90_HB1280ham001
LRB9002326SMdvam02
1 AMENDMENT TO HOUSE BILL 1280
2 AMENDMENT NO. . Amend House Bill 1280 by replacing
3 the title with the following:
4 "AN ACT regarding secured transactions involving farm
5 related items, amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Section 3-5018 as follows:
10 (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
11 Sec. 3-5018. Fees. The recorder elected as provided for
12 in this Division shall receive such fees as are or may be
13 provided for him by law, in case of provision therefor:
14 otherwise he shall receive the same fees as are or may be
15 provided in this Section, except when increased by county
16 ordinance pursuant to the provisions of this Section, to be
17 paid to the county clerk for his services in the office of
18 recorder for like services. No filing fee shall be charged
19 for providing informational copies of financing statements to
20 the recorder pursuant to subsection (8) of Section 9-403 of
21 the Uniform Commercial Code.
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1 For recording deeds or other instruments $12 for the
2 first 4 pages thereof, plus $1 for each additional page
3 thereof, plus $1 for each additional document number therein
4 noted. The aggregate minimum fee for recording any one
5 instrument shall not be less than $12.
6 For recording deeds or other instruments wherein the
7 premises affected thereby are referred to by document number
8 and not by legal description a fee of $1 in addition to that
9 hereinabove referred to for each document number therein
10 noted.
11 For recording assignments of mortgages, leases or liens
12 $12 for the first 4 pages thereof, plus $1 for each
13 additional page thereof. However, except for leases and
14 liens pertaining to oil, gas and other minerals, whenever a
15 mortgage, lease or lien assignment assigns more than one
16 mortgage, lease or lien document, a $7 fee shall be charged
17 for the recording of each such mortgage, lease or lien
18 document after the first one.
19 For recording maps or plats of additions or subdivisions
20 approved by the county or municipality (including the
21 spreading of the same of record in map case or other proper
22 books) or plats of condominiums $50 for the first page, plus
23 $1 for each additional page thereof except that in the case
24 of recording a single page, legal size 8 1/2 x 14, plat of
25 survey in which there are no more than two lots or parcels of
26 land, the fee shall be $12. In each county where such maps
27 or plats are to be recorded, the recorder may require the
28 same to be accompanied by such number of exact, true and
29 legible copies thereof as the recorder deems necessary for
30 the efficient conduct and operation of his office.
31 For certified copies of records the same fees as for
32 recording, but in no case shall the fee for a certified copy
33 of a map or plat of an addition, subdivision or otherwise
34 exceed $10.
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1 Each certificate of such recorder of the recording of the
2 deed or other writing and of the date of recording the same
3 signed by such recorder, shall be sufficient evidence of the
4 recording thereof, and such certificate including the
5 indexing of record, shall be furnished upon the payment of
6 the fee for recording the instrument, and no additional fee
7 shall be allowed for the certificate or indexing.
8 The recorder shall charge an additional fee, in an amount
9 equal to the fee otherwise provided by law, for recording a
10 document (other than a document filed under the Plat Act or
11 the Uniform Commercial Code) that does not conform to the
12 following standards:
13 (1) The document shall consist of one or more
14 individual sheets measuring 8.5 inches by 11 inches, not
15 permanently bound and not a continuous form. Graphic
16 displays accompanying a document to be recorded that
17 measure up to 11 inches by 17 inches shall be recorded
18 without charging an additional fee.
19 (2) The document shall be legibly printed in black
20 ink, by hand, type, or computer. Signatures and dates
21 may be in contrasting colors if they will reproduce
22 clearly.
23 (3) The document shall be on white paper of not
24 less than 20-pound weight and shall have a clean margin
25 of at least one-half inch on the top, the bottom, and
26 each side. Margins may be used for non-essential
27 notations that will not affect the validity of the
28 document, including but not limited to form numbers, page
29 numbers, and customer notations.
30 (4) The first page of the document shall contain a
31 blank space, measuring at least 3 inches by 5 inches,
32 from the upper right corner.
33 (5) The document shall not have any attachment
34 stapled or otherwise affixed to any page.
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1 A document that does not conform to these standards shall not
2 be recorded except upon payment of the additional fee
3 required under this paragraph. This paragraph, as amended by
4 this amendatory Act of 1995, applies only to documents dated
5 after the effective date of this amendatory Act of 1995.
6 The county board of any county may provide for an
7 additional charge of $3 for filing every instrument, paper,
8 or notice for record, in order to defray the cost of
9 converting the county recorder's document storage system to
10 computers or micrographics.
11 A special fund shall be set up by the treasurer of the
12 county and such funds collected pursuant to Public Act
13 83-1321 shall be used solely for a document storage system to
14 provide the equipment, materials and necessary expenses
15 incurred to help defray the costs of implementing and
16 maintaining such a document records system.
17 The foregoing fees allowed by this Section are the
18 maximum fees that may be collected from any officer, agency,
19 department or other instrumentality of the State. The county
20 board may, however, by ordinance, increase the fees allowed
21 by this Section and collect such increased fees from all
22 persons and entities other than officers, agencies,
23 departments and other instrumentalities of the State if the
24 increase is justified by an acceptable cost study showing
25 that the fees allowed by this Section are not sufficient to
26 cover the cost of providing the service.
27 A statement of the costs of providing each service,
28 program and activity shall be prepared by the county board.
29 All supporting documents shall be public record and subject
30 to public examination and audit. All direct and indirect
31 costs, as defined in the United States Office of Management
32 and Budget Circular A-87, may be included in the
33 determination of the costs of each service, program and
34 activity.
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1 (Source: P.A. 88-691, eff. 1-24-95; 89-160, eff. 7-19-95.)
2 Section 10. The Uniform Commercial Code is amended by
3 changing Sections 9-401 and 9-403 and adding Section 9-401A
4 as follows:
5 (810 ILCS 5/9-401) (from Ch. 26, par. 9-401)
6 Sec. 9-401. Place of Filing; Erroneous Filing; Removal of
7 Collateral.
8 (1) The proper place to file in order to perfect a
9 security interest is as follows:
10 (a) when the collateral is equipment used in
11 farming operations, or farm products, or accounts or
12 general intangibles arising from or relating to the sale
13 of farm products by a farmer, or consumer goods, then in
14 the office of the recorder in the county of the debtor's
15 residence or if the debtor is not a resident of this
16 State then in the office of the Recorder of Deeds in the
17 county where the goods are kept, and in addition when the
18 collateral is crops growing or to be grown in the office
19 of the Recorder of Deeds in the county where the land is
20 located;
21 (b) when the collateral is timber to be cut or is
22 minerals or the like (including oil and gas) or accounts
23 subject to subsection (5) of Section 9-103, or when the
24 financing statement is filed as a fixture filing (Section
25 9-313) and the collateral is goods which are or are to
26 become fixtures, then in the office where a mortgage on
27 the real estate would be filed or recorded;
28 (c) in all other cases, in the office of the
29 Secretary of State.
30 (2) A filing which is made in good faith in an improper
31 place or not in all of the places required by this section is
32 nevertheless effective with regard to any collateral as to
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1 which the filing complied with the requirements of this
2 Article and is also effective with regard to collateral
3 covered by the financing statement against any person who has
4 knowledge of the contents of such financing statement.
5 (3) A filing which is made in the proper place in this
6 State continues effective even though the debtor's residence
7 or place of business or the location of the collateral or its
8 use, whichever controlled the original filing, is thereafter
9 changed.
10 (4) The rules stated in Section 9-103 determine whether
11 filing is necessary in this State.
12 (5) Notwithstanding the preceding subsections, and
13 subject to subsection (3) of Section 9-302, the proper place
14 to file in order to perfect a security interest in
15 collateral, including fixtures, of a transmitting utility is
16 the office of the Secretary of State. This filing constitutes
17 a fixture filing (Section 9-313) as to the collateral
18 described therein which is or is to become fixtures.
19 (6) For the purposes of this Section, the residence of
20 an organization is its place of business if it has one or its
21 chief executive office if it has more than one place of
22 business.
23 (Source: P.A. 83-358.)
24 (810 ILCS 5/9-401A new)
25 Sec. 9-401A. Continuation of certain financing
26 statements filed before January 1, 1998. The following rules
27 apply to a financing statement or continuation statement that
28 was properly filed before January 1, 1998 in the office of a
29 county recorder, but which, if filed on or after January 1,
30 1998, is required by Section 9-401 to be filed in the office
31 of the Secretary of State:
32 (1) The financing statement shall remain effective until
33 it lapses as provided in Section 9-403.
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1 (2) The effectiveness of the financing statement may be
2 continued only by filing a continuation statement in the
3 office of the Secretary of State that provides the name and
4 address of the debtor and secured party, indicates the county
5 where the financing statement is filed, complies with the
6 requirements of Section 9-403, and either:
7 (A) indicates the types or describes the items of
8 collateral included in the original financing statement
9 as modified by any releases or amendments; or
10 (B) has attached a copy of the originally filed
11 financing statement together with amendments,
12 assignments, and releases affecting it.
13 A continuation statement filed as provided in this item
14 (2) may be further continued by a continuation statement that
15 complies with the requirements of Section 9-403.
16 (3) The financing statement may be terminated, assigned,
17 released, or amended only by an appropriate filing in the
18 office of the county recorder where it is filed, except that
19 if the financing statement has been continued as provided in
20 item (2) of this Section, it may thereafter be terminated,
21 assigned, released, or amended only by an appropriate filing
22 in the office of the Secretary of State.
23 (810 ILCS 5/9-403) (from Ch. 26, par. 9-403)
24 Sec. 9-403. What Constitutes Filing; Duration of Filing;
25 Effect of Lapsed Filing; Duties of Filing Officer; Fees.
26 (1) Presentation for filing of a financing statement and
27 tender of the filing fee or acceptance of the statement by
28 the filing officer constitutes filing under this Article.
29 (2) Except as provided in subsection (6) a filed
30 financing statement is effective for a period of 5 years from
31 the date of filing. The effectiveness of a filed financing
32 statement lapses on the expiration of the 5 year period
33 unless a continuation statement is filed prior to the lapse.
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1 If a security interest perfected by filing exists at the time
2 insolvency proceedings are commenced by or against the
3 debtor, the security interest remains perfected until
4 termination of the insolvency proceedings and thereafter for
5 a period of 60 days or until expiration of the 5 year period,
6 whichever occurs later. Upon lapse the security interest
7 becomes unperfected, unless it is perfected without filing.
8 If the security interest becomes unperfected upon lapse, it
9 is deemed to have been unperfected as against a person who
10 became a purchaser or lien creditor before lapse.
11 (3) A continuation statement may be filed by the secured
12 party within 6 months prior to the expiration of the 5 year
13 period specified in subsection (2). Any such continuation
14 statement must be signed by the secured party, identify the
15 original statement by file number and state that the original
16 statement is still effective. A continuation statement signed
17 by a person other than the secured party of record must be
18 accompanied by a separate written statement of assignment
19 signed by the secured party of record and complying with
20 subsection (2) of Section 9-405, including payment of the
21 required fee. Upon timely filing of the continuation
22 statement, the effectiveness of the original statement is
23 continued for 5 years after the last date to which the filing
24 was effective whereupon it lapses in the same manner as
25 provided in subsection (2) unless another continuation
26 statement is filed prior to such lapse. Succeeding
27 continuation statements may be filed in the same manner to
28 continue the effectiveness of the original statement. Unless
29 a statute on disposition of public records provides
30 otherwise, the filing officer may remove a lapsed statement
31 from the files and destroy it immediately if he has retained
32 a microfilm or other photographic record, or in other cases
33 after one year after the lapse. The filing officer shall so
34 arrange matters by physical annexation of financing
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1 statements to continuation statements or other related
2 filings, or by other means, that if he physically destroys
3 the financing statements of a period more than 5 years past,
4 those which have been continued by a continuation statement
5 or which are still effective under subsection (6) shall be
6 retained.
7 (4) Except as provided in subsection (7) a filing
8 officer shall mark each statement with a file number and with
9 the date and hour of filing and shall hold the statement or a
10 microfilm or other photographic copy thereof for public
11 inspection. In addition the filing officer shall index the
12 statement according to the name of the debtor and shall note
13 in the index the file number and the address of the debtor
14 given in the statement.
15 (5) The uniform fee for filing and indexing and for
16 stamping a copy furnished by the secured party to show the
17 date and place of filing for an original financing statement,
18 amended statement, or for a continuation statement shall be
19 $20.
20 (6) If the debtor is a transmitting utility (subsection
21 (5) of Section 9-401 and a filed financing statement so
22 states, it is effective until a termination statement is
23 filed. A real estate mortgage which is effective as a fixture
24 filing under subsection (6) of Section 9-402 remains
25 effective as a fixture filing until the mortgage is released
26 or satisfied of record or its effectiveness otherwise
27 terminates as to the real estate.
28 (7) When a financing statement covers timber to be cut
29 or covers minerals or the like (including oil and gas) or
30 accounts subject to subsection (5) of Section 9-103, or is
31 filed as a fixture filing, the filing officer shall index it
32 under the names of the debtor and any owner of record shown
33 on the financing statement in the same fashion as if they
34 were the mortgagors in a mortgage of the real estate
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1 described, and, to the extent that the law of this State
2 provides for indexing of mortgages under the name of the
3 mortgagee, under the name of the secured party as if he were
4 the mortgagee thereunder, or where indexing is by description
5 in the same fashion as if the financing statement were a
6 mortgage of the real estate described.
7 (8) For financing statements filed on or after January
8 1, 1998 as to a debtor who is a resident of the State of
9 Illinois, if the collateral is equipment used in farming
10 operations, farm products, or accounts or general intangibles
11 arising from the sale of farm products by a farmer, the
12 secured party shall, within 30 days after filing with the
13 office of the Secretary of State, remit to the office of the
14 recorder in the county of the debtor's residence a fee of $10
15 together with a copy of the financing statement filed in the
16 office of the Secretary of State. This fee is in addition to
17 payment of the fee provided in subsection (5) of this Section
18 and is imposed to defray the cost of converting the county
19 recorder's document storage system to computers or
20 micrographics. The copy of the financing statement provided
21 to the office of the recorder shall be for informational
22 purposes only and shall not be for filing with the office of
23 the recorder nor shall the provision of the informational
24 copy be subject to imposition of any filing fee under Section
25 3-5018 of the Counties Code or otherwise. The provisions of
26 this subsection (8) other than this sentence, are inoperative
27 after the earlier of (i) July 1, 1999 or (ii) the effective
28 date of a change to the Illinois Uniform Commercial Code
29 which adopts a recommendation by the National Conference of
30 Commissioners on Uniform State Laws to amend Section 9-401 of
31 this Code to make the office of the Secretary of State the
32 proper place to file a financing statement described in this
33 subsection (8).
34 (9) The failure to send an informational copy of a
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1 financing statement to the appropriate office of the recorder
2 or to pay the fee as set forth in subsection (8) shall not in
3 any manner affect the existence, validity, perfection,
4 priority, or enforceability of the security interest of the
5 secured party.
6 (Source: P.A. 89-503, eff. 1-1-97.)
7 Section 99. Effective date. This Act takes effect
8 January 1, 1998.".